General Terms and Conditions for Individual Customers/Consumers (as of February 2015)

1. Contract

When submitting an order at www.cortechs.ie, you are about to enter into a contract between yourself and CortechsConnect Limited. After you have submitted your order online, CortechsConnect will confirm the receipt of your order immediately by email. However, any order confirmation by CortechsConnect does not constitute a legally binding contract: the contractual agreement becomes legally binding at the time you have received a shipment notification of the items you have ordered from CortechsConnect or the items themselves, and at the time the services you ordered have been provided by CortechsConnect.

2. Purview

The present Terms and Conditions shall apply to all claims asserted by either you or CortechsConnect as a result from a contract between the two parties via the webpage www.cortechs.ie. Claims arising in conjunction with services provided by CortechsConnect that do not include the delivery of goods are governed by the specific Terms & Conditions of each individual service.

3. Contracting Parties

All contractual agreements entered into in accordance with the present Terms & Conditions will be between

CortechsConnect Limited,
and
The individual customer who must be at least 18 years of age.

If CortechsConnect should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, CortechsConnect reserves the right to terminate the after giving the appropriate period of notice.

4. Object of the Contract

CortechsConnect shall deliver the item(s) ordered by you and provide the service(s) requested by you and agreed to between the both parties, respectively. All objects of the contract are subject to the statutory rights outlined in the 2007 Consumer Protection Act. If you exercise your right to cancel an order by returning an item within the contractually agreed period, CortechsConnect shall reimburse any payments received.

5. Your Right to Cancel

5.1. You can cancel your order without giving a rationale within a time period of fourteen (14) days by email, letter or fax, or use of our cancellation form (see below). You may also use our question tab or email to contact us at www.cortechs.ie or hello@cortechs.ie. If you use either of these methods, you will immediately receive a confirmation of your cancellation. The notice period commences at the time you receive the notification about your cancellation rights, or on the date your order has been delivered, whichever occurs first. However, this does not affect your statutory rights. To cancel your order please contact:

CortechsConnect Limited,

125 Belfry Hall, Block D Citywest, Dublin 24. hello@cortechs.ie Phone: +353-1-6978159

5.2. If you cancel you order and the items are returned complete (including all accessories, if applicable) and in mint condition, you will receive a refund immediately and no later than 14 days after reception of your order cancellation. If there is no other agreement, we will return the money the same way it was paid to us. We retain the right to keep any return payments until the merchandise is returned or return shipment is proven by you. The money return is free of any charges for you. Items returned incomplete, damaged or in used condition may lead to the refund revised accordingly, to compensate for the depreciated value. However, this does not affect your right to examine and test the delivered items upon receipt, i.e. as you would in a store. If you return an item to us, you agree to pay the cost of return delivery. It is your duty to return all items to us immediately and no later than 14 days after your cancellation.

5.3. The right to cancel does not apply to:
a. Custom-made items – items which are tailored to your own specifications; b. Items that by reason of their nature cannot be returned;
c. Sealed items which have been unsealed, such as headsets or software;

6. Limited Availability of Items or Services

In the case of items or services not being available at CortechsConnect any longer at the time your order has been received, Cortechsconnect shall immediately reimburse any payment you made. CortechsConnect reserves the right to offer you items and services matching the quality and price of the originally order. However, you are under no obligation to accept these items and services, respectively. Under these circumstances, the cost of returning the items will be borne by CortechsConnect.

Before placing an order, please note our information regarding DRM and compatibility of digital content and hard- or software provided in the product descriptions of relevant products.

7. Shipping / Conditions of shipping

7.1. Domestic Shipments: A general rate of €10 for shipping of your item(s) will be added to all orders placed with a delivery address within Ireland. If you order online, the total amount due displayed on the checkout page will include the shipping rate.

7.2. International Shipments: The shipping costs for international shipments may vary depending on the destination of the shipment but a general shipping cost of €15 for international orders is currently applied to international shipments outside of Ireland. The specific amount charged for your shipment will always be shown when checking out before your final confirmation of the order. If your desired country is ever not shown as a shipment option please contact us for a solution.

7.3. The customer is responsible to abide to any relevant customs and import regulations of the destination country. Applicable customs and/or taxes are the responsibility of the customer.

7.4. Software Downloads: All purchases of software that does not include any physical media are free of shipping costs. These items will show the shipment option “software download”. Only orders which consist entirely of downloadable content will show this shipment option.

7.5. CortechsConnect shall ship the items ordered within three to five working days. If items that form a part of a delivery are not available for immediate dispatch, Cortechsconnect will split the order into separate deliveries, with the items shipped at the earliest moment possible, and with no postage costs incurred.

7.6. All shipments are processed via registered post via AnPost

8. Pricing & Payment Conditions

8.1. Item prices quoted in CortechsConnect catalogues and on CortechsConnect leaflets released to retailers and business customers represent the net amount excluding VAT and do not apply to individual customers.

8.2. When purchasing items online from www.cortechs.ie, the prices displayed on the “Complete Order” page apply.

8.3. Our payment options include:

a. Advance payment (see our “Legal notice” page for bank details or mail us at hello@cortechs.ie)

b. Credit card (via Stripe)

Payment in advance is free of charge, payment charges via credit card through Stripe is included in the order total on the Checkout page.

8.4. CortechsConnect may limit the payment options available to individual customers entirely at its discretion. This includes asking for advance payments, cash on delivery or instant payments at the time the order is processed.

9. Retention of Title

9.1. Title to any items or services shall remain vested in CortechsConnect and shall not pass to the customer until the purchase price for these items or services has been paid in full and received by CortechsConnect.

9.2. Any replacement items provided by CortechsConnect shall remain vested in CortechsConnect until the item has been received by the customer. Upon receipt, the item shall become the property of the customer.

9.3. Any items returned by the customer shall remain vested in the customer until the item has been received by CortechsConnect. Upon receipt of the returned item, the item shall become the property of CortechsConnect.

10. Guarantees & Warranty

10.1. CortechsConnect shall ensure that all items are of satisfactory quality, fit for purpose and as described at the time the items are dispatched.

10.2. In the case an item should prove damaged or faulty (including damage incurred during the delivery process) upon receipt, the customer shall notify CortechsConnect at the earliest moment possible after the item has been delivered. However, failing to do so does not affect the customer’s statutory rights.

10.3. CortechsConnect provides a 2-year guarantee on all new items. The guarantee period commences at the delivery date. This guarantee does not apply to expendable parts of items.

10.4. In the case of the delivered item being faulty or damaged, CortechsConnect shall either repair the item or provide the customer with a replacement item, depending on the customer’s preference. However, CortechsConnect reserves the right to reject one of the previous options, if either replacement or repair would incur excessive costs. Furthermore, if CortechsConnect is unable to repair a faulty item after a second attempt, the customer shall be entitled to either demand a replacement item, ask for a reduction of the purchase price, or cancel the order. However, this shall not affect the customer’s statutory rights.

10.5. All claims for damages as a result of faulty items are subject to statutory right.

10.6. CortechsConnect shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the customer. For claims with regard to item damage or failure that occurred more than 6 months after the delivery date, the customer must provide evidence that damage or item failure were neither caused by inappropriate handling nor by overuse.

11. Liabilities

11.1. CortechsConnect is not liable to you (or any other parties) for:

a. any loss or damage which was not caused by our breach of a contract or our breach of our legal duty of care;

b. any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is “reasonably foreseeable” if at the time CortechsConnect and you entered into the contract, either (i) such loss or damage was contemplated by CortechsConnect and you, or (ii) you notified CortechsConnect that the loss or damage may occur if CortechsConnect breached the Contract or CortechsConnect legal duty of care;

c. any loss or damage caused by your use of our webpage www.cortechs.ie help desks or call centres.

11.2. With respect to each contractual agreement, our entire liability to you if we are in breach of that contract or in breach of a legal duty of care in connection with that contract will be limited to the total price of the products or services ordered by you (as applicable) under that Contract;

11.3. CortechsConnect shall not be liable to you (or any other parties) for any damage or loss of income, business or profits as a result of the loss, corruption of, or damage to, data, unless you are able to provide evidence that you have backed up your data at least once every day. In this case, CortechsConnect liability is limited to the obligation of reconfiguring your system by using your back-up copy.

11.4. Nothing in these Terms & Conditions shall affect CortechsConnect liabilities under the Consumer Protection Act.

11.5. Nothing in these Terms & Conditions shall exclude or limit CortechsConnect liability for (i) fraud; (ii) death or personal injury caused by negligence; or (iii) liability which may not be excluded or limited under any applicable law.

12. Applicable Law & Jurisdiction

12.1. All contractual agreements between CortechsConnect and its customers shall be governed by and construed in accordance with the laws of the Republic of Ireland. Both CortechsConnect and its customers irrevocably submit to the exclusive jurisdiction of the Court of Ireland as per the

Competition and Consumer Protection Commission for the determination of disputes arising under any contractual agreement, if the law doesn’t state otherwise.

12.2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

12.3. Section 12.1 does not affect the statutory rights of customers who are permanent residents of countries other than Ireland, if the agreement between CortechsConnect and customer governs the purchase of items or services for personal use only. Furthermore, Section 12.1 does not affect the statutory rights of customers with permanent residence in a country other than Ireland, if the agreement between CortechsConnect and customers governs the purchase of items intended for retail or reselling, and the customer has successfully obtained full legal permission from the authorities of his/her country of residence prior to the agreement.

12.4. If any provision of these Terms & Conditions is held unenforceable, then such provision will be modified to reflect the intention of both parties. All remaining provisions of the present Terms & Conditions shall remain in full force and effect.

13. Privacy Policy & Data Protection

13.1. The use of any personal information will be strictly limited to ensure a timely processing of your order and the smooth delivery of the purchased items. CortechsConnect will use any personal information you provide in full compliance with the EU Data Protection Directive 95/46/EC and the Data Protection (Amendment) Act 2003.

13.2. If you explicitly agree, your personal information may be used to send you news and information about our products and services and general promotional material which we believe may be of interest to you. However, the use of your personal information in this context is limited to CortechsConnect. We will not pass on personal information to any other third party. To object at any time or withdraw a given permission, please notify us by email (hello@cortechs.ie), in writing (letters to:).

13.3. CortechsConnect will not sell, distribute or lease your personal information to third parties.

Appendix: Cancellation form:
You may fill out this form and send it to us, if you want to cancel the contract.

1. To

CortechsConnect Limited, 125 Belfry Hall, Block D Citywest,
Dublin 24.

Phone: +353-1-6978159

2. I hereby cancel the contract signed by me / by us regarding the purchase of the following products:

…………………………………………………………………… ……………………………………………………………………

(Name of product(s), order number, purchase price)

3. Ordered on: ………………………..
(Date)
5. (Name, Address of Customer) ……………………….. ……………………….. ……………………….. ……………………….

7. Date ……………………………………………. Signature of Customer
(Only for cancellation in writing)